Sleep apnea decisions — 2023

The Board has determined that new and relevant evidence has been received to warrant readjudication of the claims for service connection for a right hip condition, PTSD, and sleep apnea. The AOJ is directed to ensure these claims are remanded for further development.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to their service-connected allergic rhinitis, and thus grants service connection for this condition.

The Board has granted the Veteran's claim for service connection for a lumbosacral strain, finding that it is caused or aggravated by his service-connected foot disabilities.

The Veteran's service-connected disabilities do not result in loss or loss of use of a hand or foot, permanent vision impairment of both eyes, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of a knee or hip. Therefore, the Veteran is not eligible for financial assistance for an automobile and adaptive equipment.

The appeal is dismissed due to the appellant's death, and no service connection decision can be made.

The Veteran's appeal for service connection for sleep apnea is dismissed due to a claims-processing defect.

The Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea have been denied as the evidence does not support a finding that these conditions are related to his military service or any service-connected disabilities.

The Board has granted service connection for a thoracolumbar spine disability and obstructive sleep apnea. Service connection for residuals of prostate cancer is remanded due to an error in satisfying the PACT Act duty.

The Veteran's service-connected PTSD is granted with an effective date of August 12, 2020.,A rating higher than 70 percent for PTSD is denied.

The Veteran's service-connected disabilities, including coronary artery disease and lumbosacral strain, rendered him unable to secure or maintain substantially gainful employment on and prior to January 11, 2023. Basic eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35 was also established.

The Board has determined that a remand is necessary to obtain an adequate VA medical opinion regarding the relationship between the appellant's service-connected diabetes mellitus, type II and his obstructive sleep apnea. The examiner must address whether the DM II aggravated the appellant's obesity, which may be considered as an intermediate step in determining secondary service connection.

The Board has granted the appellant's claims for service connection for obstructive sleep apnea and secondary service connection for OSA due to his service-connected posttraumatic stress disorder.

The Board has remanded the case due to new and relevant evidence submitted by the Veteran, which includes a December 2018 note from the VA sleep lab. The claim for service connection for OSA is now pending.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service-connected other specified trauma and stressor related disorder with alcohol use disorder, granting service connection for this condition.

The Board has denied the Veteran's claims for service connection for a lumbar spine disability, COPD, and a disability of the eye. The issues have been remanded to obtain additional medical opinions regarding potential service connection due to toxic exposure.

The Veteran's OSA is related to his service-connected psychiatric disorder and the Board has granted service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea is remanded due to new and relevant evidence having been submitted. The Board finds the evidence of record constitutes new and relevant evidence to warrant readjudication of the Veteran's claim.

The Veteran's appeal of his claim for service connection for obstructive sleep apnea has been dismissed due to the withdrawal by his authorized representative.

The Veteran's adjustment disorder with mixed anxiety and depressed mood, chronic, is granted as service-connected. Bilateral hearing loss and residuals of jaw fracture are denied. Hypertension and obstructive sleep apnea are remanded for further examination and opinion regarding their relationship to service.

The Board has remanded the cases for further development and examination, including obtaining VA treatment records and scheduling a VA examination to assess the Veteran's sleep apnea and bilateral hearing loss.